THORNTREE ESTATE
HOME OWNERS ASSOCIATION
OWNERâS MANUAL
(Revised March 2017)
THORNTREE ESTATE HOME OWNERS ASSOCIATION (THOA)
DEFINITIONS
THOA â Thorntree Estate Home Owners Association STSMA âSectional Titles Schemes Management Act CSOS â Community Schemes Ombud Service
INTRODUCTION
This Ownerâs Manual has been prepared to assist both new and established owners to appreciate and enjoy the lifestyle that Thorntree Estate offers and to encourage them to respect the interests and welfare of all who live in the Estate.
The Companies Act, Sectional Titles Act, STSMA and CSOS, the Municipal By-Laws and the Conduct Rules, which govern this community, have to be followed in terms of the law, and it is the Thorntree Estate Home Owners Associationâs (THOA) responsibility to ensure that these are carried out by all in the interests of all.
CONDUCT RULES AND ARCHITECTURAL GUIDELINES
The Conduct Rules and Architectural Guidelines are binding on all property owners (members) and all persons occupying or residing on any of the properties within Thorntree Estate who, in turn, are responsible for ensuring that members of their families and their tenants, invitees and workers comply with them also.
In the event of annoyance, aggravation or complaints occurring between members or occupants an attempt should be made by the parties concerned, to settle the matter between them. This should be done with consideration, tolerance and respect.
If and when problems cannot be resolved between the parties concerned through the procedure above, only then should they be brought to the notice of the THOA in writing.
The THOA shall, without prejudice, mediate the problems between parties and shall apply the rules and guidelines to resolve such disputes.
In respect of the interpretation of these Conduct Rules and Architectural Guidelines, if the decision of the THOA is not accepted as final and binding, the THOA shall escalate the dispute to the CSOS for final resolution.
PAYMENT OF LEVIES
The purpose of the monthly levy is to pay for the running costs and maintenance of the communal aspects of the Estate. Failure to pay these accounts by THOA may result in suspension of a service for which all suffer.
Levies and all other monies due to THOA are due and payable in advance, or on the first day of each month. Failure to pay monies promptly when due, or within such âdays of graceâ as may be allowed at the discretion of the THOA, will result in the debiting of interest, calculated at the maximum allowable interest rate, to the accounts concerned and may also cause legal action to be taken against defaulters. Additionally, notifications of defaulters may be made public to all other owners.
CONCLUSION
Please understand that all these conditions are necessary to maintain Thorntree Estate as a prestigious address.
THORNTREE ESTATE HOME OWNERS ASSOCIATION (THOA)
A. CONDUCT RULES
NB: These Conduct Rules are to be read in conjunction with the Architectural Guidelines (Part B) as they may apply.
1. PURPOSE OF THE THORNTREE HOME OWNERS ASSOCIATION
The core business function of the THOA is to maintain roads, open spaces and common areas; maintain and pay for the electricity consumed by the street lighting; provide security for the Estate; and to control the aesthetic appearance of the land and buildings within Thorntree Estate.
2. CONSTITUTION
2.1 Reference to the Constitution
Prior to the sale of a property in the Estate, owners are required to provide the Estate Agent selling the property with a copy of the rules so as to ensure that all prospective purchasers are aware of the rules before purchase.
Each owner will be provided with a copy of the rules on purchasing a property in the Estate from the Directors. Thereafter, a copy of the document will be available for perusal at request to the Directors.
2.2 Title Deeds
Provision is made in the title deeds of each property for the THOA.
2.3 Important Provisions
2.3.1 Resale
All resales are subject to the new purchaserâs written agreement to become a member of the THOA.
2.3.2 Levies
All members of the THOA shall be required to contribute towards the running costs and maintenance of the Estate by way of levies. Levies are due and payable in advance and interest shall be charged on any arrear levies and charges. All costs of collection shall be borne by the defaulting member on an attorney and own client scale.
2.3.3 Maintenance
It is agreed that all exterior of buildings and walls are required to be re-painted in accordance with the rules every five (5) years. The THOA has the power to give notice to any member to perform maintenance on their property. If such request is not complied with, the THOA may attend to such maintenance at the cost of the defaulting member and charge the defaulting member an administrative fee of 10% of the costs of the maintenance.
In the event that a member asks for a grace period after the five (5) years due to the current good condition of the exterior walls, it will be at the discretion of the THOA Directors to determine this grace period. The grace period will be communicated to the member by email.
3. MOTOR VEHICLES (ETC.)
3.1 Owners and tenants shall observe and shall ensure that visitors and guests:
⢠observe any road signs on the common property;
⢠do not drive their vehicle within the common property in any manner, which creates a nuisance or is considered by the THOA not to be in the interest of safety;
⢠do not knowingly allow any unlicensed person to drive any vehicle within the common property; and
⢠observe a speed limit of 10km/h.
3.2 Hooters shall not be sounded within the common property other than in emergencies.
3.3 Vehicles may not be parked within the access road servitude in such a way that the flow of traffic and access to and egress from garages, carports and parking areas on private properties is obstructed.
3.4 Derelict vehicles which are not in general use, drip oil or brake fluid on to the common property, may not be parked on the common property other than for such short periods as may be approved by THOA and with their prior written consent.
3.5 No trucks, caravans, trailers, boats or other heavy vehicles may be parked on the common property without the prior consent of THOA.
3.6 No person may dismantle or effect major repairs to any vehicle on any portion of the common property or anywhere visible from the common property.
3.7 Garage doors must be kept closed at all times except when (the garage is in use) access to or egress from the garages is require.
3.8 The THOA may cause to be removed or towed away at the risk and expense of the owner of any vehicle parked, standing or abandoned on the common property in contravention of these rules.
3.9 An owner or tenant shall ensure that the common area is not used by him/her, his/her visitors or his/her guests for parking purposes unless that owner or tenant is entitled to use such area by the THOA.
3.10 Parking of vehicles upon common property is subject to the express condition that every vehicle is parked at the owner’s risk and responsibility and that no liability shall attach to the THOA for any loss or damage of whatever nature which the owner, or any person claiming through or under him, may suffer in consequence of his/her vehicle having been parked on the property.
3.11 Use of motorcycles on the common property will be at the sole discretion of the THOA.
3.12 No person may wash any vehicle on the internal roadway or in any manner as to cause an obstruction to other residents of the complex.
3.13 Parking of vehicles on landscaped verges will not be permitted. No vehicles may be parked on the curbs of the drive ways or road ways. It is recorded that the water pipes run under the curbs and by parking vehicles on same, this affects the water pipes. Infringing parties will be held liable for any damage caused as a result thereof.
3.14 No vehicle heavier than a 4-ton truck may enter the Estate. For purposes of deliveries, moving of furniture etc., goods will have to be ferried into the Estate.
NOTE: The THOA Directors reserve the right to clamp any vehicle that does not comply with the above rules after one (1) warning or request to remove the vehicle at fault. Removal of the clamp will carry a Two Hundred and Fifty Rand (R250.00) fine which will be levied against the Thorntree Estate Home Owners levy account. Removal of the clamp without the approval of the THOA Directors will result in an additional Two Hundred and Fifty Rand (R250.00) fine to the offending home owner.
3.15 For security purposes taxis, either conventional or ride hailing services e.g. Uber, shall not enter the complex for collection or drop off of clients. Exceptions shall
only be made for clients with heavy luggage, a disability, or for very inclement prevailing weather conditions.
3.16 Drones shall not be operated within or above the Estate due to privacy concerns. They are also, at the date of this amendment, governed by CAA regulations making their use here illegal due to geographical constraints.
4. LAUNDRY
4.1 An owner or tenant shall not place or hang any washing or laundry or any other items on any part of the buildings or the common property where it is visible from the internal common road.
4.2 Any washing hung out to dry is at the sole risk of the owner thereof.
5. REFUSE DISPOSAL
5.1 An owner or tenant shall:
⢠Maintain in a hygienic and dry condition, an approved wheelie bin for refuse within his/her property;
⢠Ensure that before refuse is placed in such receptacle it is securely wrapped, or in the case of tins or other containers, completely drained. Plastic refuse bags/cleansing bags for this purpose, are available at most retail outlets in the area;
⢠Place their wheelie bin in the designated area outside the main gate, on the evening before, or before 07h00 on the morning of the municipal collection day; and
⢠Follow all other rules imposed by the Health Department in as much as they
affect his/her property and unit.
5.2 THOA has contracted with the local authority to utilise their refuse collection service. Currently managed by PIKITUP, this service requires that home owners register and obtain the required wheelie bin(s). All domestic refuse shall be placed in these bins, preferably within plastic refuse bags.
5.3 Any cardboard boxes and foam moldings/packaging from newly purchased appliances, etc. will only be removed if placed inside bins. They will not be collected if left out loose.
5.4 Similarly, garden refuse will only be removed if placed inside refuse bags, placed inside the bins. There are local dump sites where residents should take excess amounts of waste for disposal themselves.
5.5 THOA subscribes to a collection service for newsprint, magazines and light cardboard wrappings. A designated orange wheelie bin is located in the pump room at the gate house and is typically put out for emptying on a weekly basis. Please ensure that only the above noted materials are placed in this bin.
6. NOISE
Noise will be interpreted as follows within the boundaries of Thorntree Estate, âAny sound which disturbs or impairs or may disturb or impair the convenience or peace of any personâ.
6.1 An owner or tenant shall ensure that he/she and his/her visitors and guests do not make or create undue noise.
6.2 Noise from parties needs to be managed in line with the local municipal by-laws with music turned down by 10:00pm and off at 12:00pm. The THOA Directors also reserve the right to ask the offending home owner to either reduce or turn off the noise (music etc.) before the stipulated times if they deem the noise to be a disturbance to other Thorntree Estate home owners. Failure to do so will incur a R500.00 fine which will be added to the Home Owners Levy account.
7. GARDENING
7.1 An owner shall maintain his/her own garden areas (front and back) in a neat and tidy condition.
7.2 All invader plant species, not in the common areas, are to be removed by owners. If an owner fails to comply after receiving notice from THOA to remove such plants, they will be removed by THOA and/or its appointed garden maintenance team/company with costs charged to the owner. This rule will apply to all private gardens within the Estate.
7.3 In respect of Clause 7.2, owners shall allow THOA and/or its appointed garden maintenance team/company to make regular inspections of their gardens on request.
7.4 No plant or flower may be picked from, nor any damage caused to the garden areas on the common property and the natural flora and fauna (if applicable) shall not be destroyed, removed or damaged in any way without the prior written consent of the THOA.
7.5 Garden tools and other equipment shall not be kept in any place where they will be in view from other properties or from any portion of the common property.
7.6 Disposal of garden waste from private areas is the responsibility of the owner. Garden waste must be disposed of as per Clause 5.4, or at a Municipal dump site and not in the refuse room/area.
7.7 Owners or tenants are to provide access to the THOA and/or its appointed garden maintenance team/company for the purpose of clearing vegetation off the boundary electric fence/walls, by arrangement.
7.8 Owners or tenants remain responsible to ensure that vegetation is clear from the boundary wall and electric fence at all times.Â
8.PETS
8.1
Pets may not cause a disturbance at any time and owners shall be responsible for the removal of their animalâs excrement within the common property or the individual properties.
8.2 Dogs shall be leashed or properly controlled when on the common property.
8.3 Bitches on heat are not allowed on the common property at any time.
8.4 Cats which have not been spayed or neutered are not allowed on the common property. THOA reserves the right to request proof of sterility.
8.5 Aviaries are not permitted other than with the consent of the THOA and affected neighbours.
8.6 An owner or tenant shall ensure that his/her animals, when making use of the common property, wear collars bearing tags reflecting the address and telephone numbers of their owner.
8.7 Any pet found unaccompanied or unidentified on the common property or otherwise in contravention of these rules may be removed by the THOA. Costs incurred as a result of such a removal, such as capture and pound fees, shall be borne by the owner of the pet concerned. The THOA shall not be liable for any injury to any pet thus removed or for any other loss so incurred by the owner or tenant of any property, the owner of the pet or any other person.
8.8 An owner or tenant shall license his/her animals with the relevant authority, as required by any rules, national or provincial legislation or local authority by- laws, which may affect the scheme.
8.9 The maximum number of pets per dwelling allowed will be:
a) 2 medium breed dogs; or
b) 2 medium breed cats; or
c) any combination of pets provided that there are never more than 2 dogs or 2 cats per owner or resident.
9. DOMESTIC STAFF / WORKERS
9.1 An owner or tenant of a property shall:
⢠be responsible for the activities and conduct of his/her workers and shall ensure that his/her workers understand and do not breach any rules, national or provincial legislation or local authority by-laws which may affect the scheme;
⢠ensure that his/her workers and their visitors or guests do not loiter on the common property; and
⢠ensure that his/her workers and their visitors do not cause undue noise within the individually owned property or on the common property or elsewhere.
9.2 Only bona fide domestic workers (and their spouses) who are legally permitted to live on the property may be accommodated in staff quarters. Workers and / or their employers shall be liable for any fine or penalty imposed by any authority should any worker or other person be illegally accommodated.
9.3 Any owner or tenant whose worker consistently fails to abide by the Conduct Rules may be required to remove such worker from the property if so instructed by the THOA.
9.4 No owner or tenant of a property may request personal duties to be performed by any member of staff or contractor employed by the THOA during his/her working hours.
10. EXTERIOR OF BUILDING
10.1 No alterations, additions or decorations, including painting and paint colours, to the exterior of the private dwelling units may be made without the prior written consent, which consent shall not be unreasonably withheld, of the THOA and then only upon terms and conditions contained in such consent.
10.2 Requests for consent shall be made in writing to the THOA and shall be accompanied by plans and specifications showing the nature, kind, shape, height, material, colour and location of the proposed alteration, addition or decoration.
10.3 Note that any such consent shall not absolve the applicant from obtaining Local Authority approval for the intended works and evidence of such approval shall be submitted to the THOA prior to any works being commenced.
10.4 An owner or tenant of the property shall be obliged to maintain the exterior of his/her unit, including all alterations, additions and/or decorations made by him, in a state of good order and repair and to take all reasonable steps to keep them in a clean, hygienic, neat and attractive condition. External timberwork including garage doors should be redecorated annually in a clear resin / varnish, to match that originally applied by the developer. External paint work is to be redecorated every 5 (five) years in accordance with the colours approved in these rules.
NOTE: In the event that a member asks for a grace period after the five (5) years due to the current good condition of the exterior walls, it will be at the discretion of the THOA Directors to determine this grace period. The grace period will be communicated to the member by email.
11. INTERIOR OF BUILDING
11.1 Any interior alterations should be carried out at reasonable hours and shall not cause any undue disturbance to owners or tenants of neighbouring properties.
An owner or tenant of a property shall not, however, be entitled to interfere with electrical installations and plug points, unless such work is undertaken by a licensed electrician.
11.2 Interior repairs and maintenance of whatever nature, is the responsibility of the owner or tenant of that property and neither the THOA nor any employee of the THOA are to be requested to attend to such matters.
12. ALTERATIONS
12.1 Before any authorized structural alterations are undertaken, the period within which the work must be completed must be agreed with the THOA, and in terms of the Conduct Rules and Architectural Guidelines, must be adhered to. A deposit may be called for and will be forfeited if the work is not completed by the agreed deadline or if the common property is damaged in any way.
12.2 Any alterations shall be carried out at reasonable hours and shall not cause any undue disturbance to owners or tenants of neighbouring properties.
12.3 Under no circumstances shall any contractor or casual labour be allowed to remain on the property or in the Estate overnight.
13. APPEARANCE FROM OUTSIDE
The owner or tenant of a property shall not place or do anything on any part of the common or individual properties/houses, or to any buildings administered by the THOA, which is aesthetically displeasing or undesirable when viewed from the outside of the property or the communal area.
14. SIGNS AND NOTICES
No owner or tenant of a property shall place any sign, notice, billboard or advertisement of any kind whatsoever, on any part of the common property, so as to be visible from outside the property, without the prior written consent of the THOA first having been obtained. This restriction includes signs for Estate Agents to market properties within the Estate.
15. LITTERING
An owner or tenant of a property shall not deposit, or throw, or allow to be deposited or thrown on the common property or onto or into a neighbouring property, any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever.
16. STORAGE OF FLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS
Any owner or tenant of a property shall not store any material, or do or permit or allow to be done, any other dangerous act on the common property.
17. GENERATORS
17.1 THOA will not permit the uncontrolled operation of generators in Thorntree Estate due to noise, safety and fume considerations. Owners wishing to install a generator are required to notify THOA in writing prior to installation for inspection of the premises for compliance with THOAâs requirements.
17.2 Generators require the presence of supplies and fuels and as such all owners are required to ensure that their insurance companies cover for any generators they may have and for the storage of fuels required for this purpose. Proof of such is to be supplied to THOA prior to installation of generator.
17.3 Fuels, if retained on premises, must be stored in proper containers, clear of any electrical flame risks, not exceed 40 litres and the THOA will require the presence of a foam fire extinguisher on such premises in a proper place for access and use in an emergency. Pouring fuel into an operating generator can cause an explosion due to the presence of electricity, so generators must be turned off and earthed before fuel is replenished.
17.4 Generators must be well ventilated to prevent the build-up of carbon monoxide fumes, which are lethal in sufficient doses, as well as to prevent the build-up of vapour fuel which is highly explosive.
17.5 Generators must be caged or fenced off from unauthorized or inadvertent access by visitors, workers, children and/or pets as they contain moving parts which can cause serious injury. The position of the generator must be approved by THOA.
17.6 The THOA shall not permit the use of generators that operate at a noise level above 50db measured at the unit/property boundaries, nor shall they be operated between the hours of 11:00PM and 5:30AM.
17.7 Any fixed/fitted generator intended for use in Thorntree Estate shall be installed by a licensed electrician who shall furnish a copy of the compliance certificate to the THOA, to confirm that the wiring has been properly installed; insurerâs may also require this information.
17.8 Should any owner/tenant/visitor not comply with the above, then besides penalties imposed by THOA, they could face prosecution by the local authority.
Note: Before purchasing a generator, THOA encourages owners to consider other less onerous and noisy options to reduce dependence on Eskom, such as inverters and/or solar power, among others.
18. INVERTERS
18.1 The inverters, batteries, wiring and connection to the distribution board (DB board), must be affected by a licensed electrician and as with generators, the THOA will require a certificate from same concerning the relevant connections.
18.2 The THOA shall require the keeping of a dry foam fire extinguisher on the premises for electrical fires, as an emergency contingency.
18.3 THOA recommends that inverters should have at least a 2,5kva output capability, be installed by a certified electrician and be regularly maintained, to ensure proper installation and the necessary surge protection.
19. SOLAR POWER
19.1 Solar power and/or hot water systems are required to be installed by specialists and where applicable, THOA may require compliance certificates.
19.2 The placement positions of any solar panels need to be approved by THOA, and the number thereof may be limited if directly visible from other properties or the common property.
NOTE: For additional information on Generators, Inverters and Solar Power, please see attached Annexure âCâ â Additional Information.
20. LETTING OF UNITS
20.1 The owner of a property shall be obliged to ensure that a tenant of his/her property or other person granted rights of occupancy by him, is obliged to comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any grant of rights of occupancy.
20.2 A property may only be let on a basis of a period of one (1) month or more. No
short term letting is permitted in the Estate.
20.3 Any owner of a property shall be obliged to notify the THOA, in writing, within 14 days of the date of conclusion of a lease of his/her unit, of the full names of his/her tenant and of the period of the lease. Similarly, an owner shall forthwith notify the THOA, in writing, of the full names of any other person granted rights of occupancy.
21. ERADICATION OF PESTS
An owner or tenant of a property shall keep his/her property free of white ants, borer and other wood destroying insects and to this end shall permit the THOA to enter his/her property from time to time for the purpose of inspecting the property and taking such action as may be reasonably necessary to eradicate any such pests as may be found within the property. Replacement of any woodwork or other material which may have been damaged by any such pests shall be borne by the owner of the property concerned.
22. MONTHLY LEVIES AND DEBTORS POLICY
22.1 Monthly levies are set by THOA and revised annually as may be necessary in terms of the Memorandum of Incorporation.
22.2 THOA Debtors Policy is as follows:
⢠Levy 30 days overdue â First Notice and interest charged on outstanding balance.
⢠Levy 60 days overdue â Second Notice and interest charged on outstanding balance.
⢠Levy 90 days overdue â Final Notice and interest charged on outstanding balance.
⢠Levy 120 days overdue – Legal handover for collection including interest.
22.3 All costs of debt collection in terms of Clause 22.2 shall be borne by the defaulting member/owner.
23. ESTATE AGENTS
23.1 The provisions of the Conduct Rules and Architectural Guidelines must be noted and observed upon sale of a unit and must be brought to the attention of any agent instructed to re-sell any unit at Thorntree Estate.
23.2 There shall be no âFor Saleâ or âShow houseâ signboards erected, and Estate Agents shall admit prospective purchasers to properties only by appointment. Notice boards will be allowed at the entrance of the Estate subject to written permission from the THOA. Simple pointer boards will likewise be allowed outside the residence, again subject to the same controls.
23.3 Signboards erected without THOA permission will be removed without compensation.
23.4 Sellers must personally ensure that Purchasers are informed of the Conduct Rules and Architectural Guidelines and any other administrative regulations pertaining to the Estate/development.
23.5 Estate agents must agree to the stipulated procedures applicable to the sale of properties in the Estate/development by countersigning these rules.
24. CONSTRUCTION
24.1 Building contractors shall provide facilities for rubbish disposal and disposal of excess building materials which shall be removed on at least a weekly basis.
24.2 There shall be no burning of rubbish on building sites.
24.3 Contractors shall not allow building materials to encroach onto the pavement or roadway of building sites. Once such materials have been off-loaded, they shall be moved onto the building site out of the way of public property.
24.4 Suppliers shall only deliver material between such hours as may be regulated from time to time by the THOA.
24.5 Building contractors shall be responsible for damage to kerbs, plants, sidewalks and other property occasioned by themselves and/or their workers or sub- contractors.
24.6 THOA shall have the right to suspend any building activity, which is deemed undesirable or likely to cause a nuisance.
24.7 Refuse âskipsâ are not permitted within the Estate, or on the Glenluce Drive landscaped pavement.
24.8 No trees/other vegetation are to be trimmed/damaged/moved by contractors. Any trimming/relocation required by the contractor must first be approved by THOA.
25. COMMUNICATION
25.1 A list of Directors in office at any time is available from the current THOA chairperson or appointed managing agents (if applicable).
25.2 Owners are to ensure that queries and communications are forwarded to the appropriate party to ensure that such matters may be addressed promptly.
25.3 THOA âdomicilium executandiâ /postal address is: PO Box 477, Douglasdale, 2165
26. PARTIES
In order to ensure that disturbance caused by parties is limited, the following rules are to be observed where the number of guests invited exceeds four vehicles:
⢠All immediate neighbours are to be given at least 48 hours prior notice of the party.
⢠The consideration of neighbours shall be observed at all times with regard to noise, parking and general conduct.
⢠No owners or guestsâ vehicles may block the access road at any point or any other ownerâs private driveway. Refer also to Clause 3.
NOTE: Noise from parties needs to be managed in line with the local municipal by-laws with music turned down by 10:00pm and off at 12:00pm. The THOA Directors also reserve the right to ask the offending home owner to either reduce or turn off the noise (music etc.) before the stipulated times if they deem the noise to be a disturbance to other Thorntree Estate home owners. Failure to do so will incur a R500.00 fine which will be added to the Home Owners Levy account.
27. SUNDRY PROVISIONS
27.1 The THOA shall not be liable for any injury or loss or damage of any description which any owner or tenant of a property or any member of his/her family, or his/her employee or servant or his/her relative, friend, acquaintance, visitor, invitee or guest may sustain physically or to his/her or their property, directly or indirectly, in or about the common property by reason of any defect in the common property, its amenities, or for any act done or any neglect on the part of the THOA.
27.2 The THOA shall not be liable or responsible in any manner whatsoever for the receipt or the non-receipt and delivery or non-delivery of goods, postal matter or other property.
27.3 No business or trade shall be conducted on the common property.
27.4 No auctions or jumble sales may be held on the common property.
27.5 No firearm or pellet guns may be discharged on the common property.
27.6 No stones or other solid objects may be thrown or propelled on or within the common property.
27.7 No moving of furniture or any heavy or bulky articles on the common property without prior arrangement with the THOA.
27.8 All properties built at the date of this amendment are equipped with fibre to the home. It is the ownerâs responsibility to negotiate a data supply contract if required.
B. ARCHITECTURAL GUIDELINES
NB: These Architectural Guidelines are to be read in conjunction with the Conduct Rules (Part A) as they may apply.
The purpose of these Architectural Guidelines is to ensure that the overall Estate/Development has a unified appearance in terms of landscaping, building design, materials, external finishes and aesthetics.
These guidelines are generally concerned with the external appearance and positioning of the developments buildings, structures and the environmental quality. Owners are unrestricted with regard to interior layout, interior finishes and the interior colours of their homes.
House designs should be sensitive to the existing context (natural features, flora and topography). Surrounding structures must be taken into account and any buildings on adjacent properties are to be indicated on the site plan.
Great care has been taken to preserve the existing indigenous trees and shrubs and full documentation of this has been lodged with the Parks Department of the City of Johannesburg in obtaining development approval. Written permission is to be obtained from THOA before any existing flora is removed. All existing trees are to be shown on site plans submitted with house building plans.
1. TOWN PLANNING CONTROLS
The Estate is located on Stand 1595 Douglasdale Extension 94 Township, and falls under the Sandton Town Planning Scheme.
1.1 Coverage / F.A.R.
Ground Floor: 50% maximum of stand size
First Floor: 50% maximum of total floor area (F.A.R.)
A schedule of areas is to be provided on the plans submitted for approval. NOTE: Open balconies/terraces are not included in F.A.R. calculations in the Sandton Town Planning Scheme.
1.2 Building Lines
(Refer to Approved Site Development Plan â SDP)
⢠Street boundary (external): 5 metres (from Alexander Rd servitude and Glenluce Dr.)
NB: Reduced to 2m as per Approved SDP
⢠Street boundary (internal): 5 metres from internal access road servitude on one side (as per Approved SDP).
⢠Side boundaries (internal): 2 metres
⢠North and East boundaries: 3 metres (neighbouring properties)
1.3 Zoning & Height Restriction
⢠Stands are zoned Residential 1 and are freehold title.
⢠Height of buildings is restricted to 2 Storeys (as per Approved SDP)
1.4 Treatment of Stand Boundaries
Every effort has been made to avoid the hostile âcanyon likeâ effect that high solid walls along streets cause in many residential areas. In order to enhance the appearance of sidewalk and the streetscape of the Estate, the following guidelines will apply:
1.4.1 The boundary walls between properties may be a maximum height of 2 metres from the inside of the respective properties.
1.4.2 Boundary walls as per 1.4.1 are communal walls, i.e. built half on each property, and thus are not owned by either property they divide. Each owner is responsible for maintaining their face of said walls.
1.4.3 Boundary walls to be scratch plastered brick, with painted earth tone colour finishes as specified/approved by THOA.
2. BUILDING DESIGN
2.1 Approval â Stage 1: Design Concept
All new house designs and/or alterations are required to be designed in such a manner as to maintain the original dominant architectural âstyleâ and design characteristics or intentions developed for Thorntree Estate by the Estateâs founding Estate Architect and be approved by THOA and/or the relevant appointed THOA architectural aesthetics committee (refer to clause 7).
2.2 Approval â Stage 2: Building Plans
THOA approval of all plans is required before they may be submitted to the local authority. It is the responsibility of the owner to obtain the approval of both the THOA and the local authority before any building work will be permitted. A copy of the approved and stamped building plans is to be supplied to THOA prior to construction (refer to Clause 7).
2.3 Privacy
2.3.1 Balconies to double storey houses may not overlook the living areas of neighbouring properties.
2.3.2 Any windows overlooking living areas of neighbours should have obscured glass.
2.3.3 Local authority privacy by-laws to apply.
2.4 Staff Accommodation
2.4.1 No staff accommodation will be permitted closer to the street than the main house unless contained under the same roof.
2.4.2 Kitchen yards, drying yards and staff facilities to be screened by brick walls at minimum 1.8m high, and should open onto enclosed areas. Washing lines are to be positioned in screened off areas and indicated on the drawings/ to be approved by THOA.
2.5 Outbuildings/Additions
Outbuildings and future additions are to match the main building in all respects. All plans are to indicate a minimum of one enclosed garage, to be plastered brick, finish and colour to match that of main building.
2.6 Carports
2.6.1 No free-standing, lean-to type carports will be permitted.
2.6.2 Carports where approved by the THOA are to be designed as an integral part of the main house and to match in all respects.
2.7 Sheds,Kennels,etc.
2.7.1 No garden sheds, Wendy houses, dog kennels, caravans, boats, trailers, etc. are to be visible from the street (communal road access servitude) and will not be permitted in the side spaces without affected neighbours and THOA approval.
2.7.2 Shade netting will only be permitted for a specific purpose, to be stated on the drawings and it is to be handled in such a manner so as to be acceptable to the THOA and any affected neighbour.
2.8 Awnings, aerials, blinds, satellite dishes, solar heaters and other items, which do
not form part of the basic structure, are to be clearly shown on the drawings and all necessary details are to be provided to the THOA if required.
2.9 All plumbing pipes are to be installed in ducts or concealed in such a manner so as to be inconspicuous and acceptable to the THOA. Details may be required at the discretion of the THOA.
2.10 No deviation from the drawings submitted to, and approved by THOA will be permitted. Revised drawings are to be submitted and approved before any construction work commences.
2.11 No new dwelling shall be smaller than 300 m² including outbuildings and garages.
3. BUILDING MATERIALS / SPECIFICATIONSS
Refer to âAnnexure Bâ for Approved Building Materials and Specifications guidelines.
4. PAVING AND LANDSCAPING
Landscaping on sidewalks and front gardens integral with and visible from communal areas must be undertaken within the integral indigenous landscape language of Thorntree Estate. Any changes to these areas may only be undertaken with the prior written approval of THOA.
4.1 The landscaping theme of the Estate is limited to the use of indigenous flora.
4.2 Privately owned front gardens must be fully landscaped on completion of construction and prior to occupation. All landscaping layouts and plant species selected for these areas must be submitted to and approved by THOA.
4.3 All driveways are to be completely paved, with a maximum width of 5 metres at
the junction of the road. No exposed concrete finish to driveways will be permitted, only approved concrete pavers (refer to clause 3). Finishes to driveways and walkways are to be indicated on the drawings, and the extent of driveways at the street boundary is to be shown.
4.4 Only THOA has the right to plant trees or any other plants in the road reserve and must follow the guidelines as set out (see clause 4.1).
4.5 Cut and fill is to be kept to a minimum.
4.6 Trees/large shrubs may not be planted in front gardens visible from the communal road without THOA approval.
4.7 Contours indicating the natural slope of the ground are to be shown on the site plan with floor levels relative to them.
5. WINDMILL
The windmill on the access road servitude / communal area is an integral part of the development aesthetic of Thorntree Estate. The windmill is to be maintained in good condition by THOA and repairs carried out as required.
6. CONSTRUCTION ACTIVITIES
Any remaining building within the Estate may be constructed over a period of several months; the following guidelines have been formulated for the benefit of residents:
6.1 All building materials are to be stored within the site boundary; no materials are to be off-loaded onto the communal road and/or landscaping.
6.2 No advertising or sub-contractors boards will be permitted. Only an approved contractor / professional board will be permitted and the position thereof to be
approved by THOA.
6.3 All main contractors will be required to provide screened ablution facilities for the workmen and sub-contractors under his/her control/ frequenting his/her site.
6.4 Construction hours are restricted to between 07:00 and 17:00, Monday to Friday and 07:00 to 15:00 on Saturdays. No noisy construction activity is to take place on Public Holidays. Only quiet activities (e.g. internal painting) will be permitted on Sundays and public holidays with permission from the THOA.
6.5 No workmen will be permitted on site between the hours of 18:00 and 06:00.
6.6 Delivery routes and hours will be defined by the THOA and all contractors are to obtain these restrictions from the THOA.
6.7 Fines may be levied at the discretion of the THOA against contractors and delivery vehicles that spill material en-route, damage roadways and kerbs, stain paving, damage flora/landscaping and generally create a nuisance within the Estate.
6.8 Refer to clause 24 of Conduct Rules.
7. SUBMISSION OF BUILDING PLANS / APPROVAL REQUIREMENTS
7.1 Owners will require specific written approval from THOA for three main items before plan submission for local authority approval:
⢠Building/House Designs
⢠External Materials & Colours
⢠Landscaping
Other items that require approval from THOA are:
⢠Externally mounted air-conditioning units/ evaporative coolers
⢠Outbuildings (garden sheds, Wendy houses, and similar structures)
⢠Solar hot water heaters â residential and swimming pools
⢠Pergolas, patios and verandahs
⢠Swimming pools and associated structures
⢠Rainwater tanks
⢠Satellite dishes and communication devices
⢠TV and radio antennae
⢠Visible security systems
⢠Extensions and renovations
⢠Letterboxes and signage
⢠Driveways
Should re-submission of plans be necessary, additional scrutiny fees may be levied by the THOA architectural aesthetics committee
NB: ALLOW 14 DAYS FOR SCRUTINY / EXAMINATION OF THE BUILDING PLANS / DRAWINGS
7.2 Stage 1: Sketch Design
Typical drawings/information to be provided by ownersâ architect for Stage 1
(approval by THOA architectural aesthetics committee).
⢠2 x A3 /sets of drawings (coloured); one will be returned.
⢠Site Plan
⢠Landscape Plan
⢠Floor Plans
⢠Elevations
⢠Sections
⢠Perspective(s)
7.3 Stage 2: Technical / Building Plans
Drawings/information to be provided for Stage 2 (Size A1 folded to A4):
⢠Three sets of all working drawings/building plans required by the local authority and in respect of THOA Stage 1 approval (including site plan, floor plans, roof plan, elevations, sections (min. 2 of), and window/door schedules).
⢠Two sets of drawings are to be coloured as per the convention of the National Building Regulations (SANS0400), to give an accurate indication of the materials to be used.
⢠The registered owner is to sign each drawing/plan submitted to THOA. Drawings are to be submitted with a letter stating that the guidelines have been understood and complied with.
The following items must be clearly shown on the plans:
⢠Area of dwelling including patios and outbuildings;
⢠Coverage (%) and F.A.R. (decimal);
⢠Building lines (as on Approved SDP);
⢠North Point;
⢠Boundary lengths;
⢠Existing trees and new landscaping;
⢠All external finishes including an exterior colour specification;
⢠Boundary walls, including a typical section;
⢠Drainage including rwdpâs and discharge outlets;
⢠Layout of the driveway and stormwater management.
7.4 Stage 3: Local Authority Submission
⢠One set of coloured drawings will be retained by THOA for the record. The remaining two THOA approved sets will be returned to the owner for submission to the local authorities for approval.
⢠Once approved, a copy of the Local Authority approved plan is to be submitted to THOA prior to construction.
7.5 Deviations
No deviations from the approved drawings will be permitted unless the
deviation is re- submitted and approved by THOA, in writing prior to construction.
7.6 Pavement / Building deposit
A refundable pavement deposit as determined by THOA shall be paid by each applicant upon Stage 3 approval to cover the costs of reinstating communal roads, kerbs, planting, etc. that may be damaged in the construction process, or for removing rubbish/rubble left on the pavement.
7.7 National Building Regulations and Local Authorities
These guidelines should be read in conjunction with the National Building Regulations and related national and local by-laws. None of the guidelines should be read as not to comply with the laws of the Republic of South Africa.
NB: THOA reserves the right to amend this document in the interests of the Estate and its Members.
ANNEXURE âAâ
DISCIPLINARY PROCEEDINGS
ENFORCEMENT OF RULES
In the event of a breach of any of these rules proved to the satisfaction of the Directors, the Directors shall, in addition and without prejudice to all other rights available to them or to the THOA in law and in particular their right to apply to Court for an interdict against the offending owner, be empowered to institute disciplinary in accordance with this Disciplinary Annexure.
A. The THOA shall be authorized and entitled to elect a Disciplinary Committee from their numbers which shall be authorized and obliged to convene and conduct disciplinary proceedings in accordance with the rules set out below and to implement the conduct rules on behalf of the THOA. The Disciplinary Committee shall be comprised of a minimum of three members and all matters shall be decided by majority vote.
B. Any breach of the Conduct Rules, or any conduct detrimental or prejudicial to the interest of the THOA or unbefitting a member thereof shall be notified to the THOA in writing, which notification shall contain full details of the alleged breach of conduct and be signed by the person making same.
C. On receipt of the aforesaid notification the THOA shall forthwith dispatch a copy thereof to the person against whom the complaint has been made (the alleged offender hereinafter) and advise him of a time, date and place at which the complaint shall be adjudicated upon. The THOA shall similarly notify the complainant of such time, date and place.
D. At the appointed time and place a quorum of THOA members shall enquire into and investigate the complaint, and shall have the power to call before them and examine any member of the THOA, any resident, guest, invitee or any other person who may be able to give evidence of assistance to the THOA in arriving at a decision. The THOA shall
also have the power and be entitled to appoint an attorney to act on behalf of the THOA. NOTE: If any disciplinary process cannot be resolved by the THOA, the dispute will then be sent to the Community Schemes Ombud Service (CSOS).
E. If after due delivery of the notice contemplated in C above, and providing that an application for an adjournment or remand has not been submitted by the alleged defender in writing and duly served upon the THOA, and agreed to by the THOA, the alleged offender fails or refuses to attend the adjudication, the THOA shall be empowered to adjudicate in the alleged offenderâs absence, and such findings as may be made shall then have the due force and effect of a finding made in his/her presence and with his/her participation.
F. The alleged offender shall have the right to call evidence in support of his contentions and in defense to the complaint against him and he/she, the complainant and any person giving evidence at the enquiry shall have the right to be legally represented, providing only that this shall be done at their own cost and not that of the THOA.
G. After hearing all the evidence considered necessary by them, the THOA shall give such decision/s as appear to the majority of them to be just and equitable and may decide to take no action, or to caution or reprimand the alleged offender or to impose a pecuniary penalty in the sum not exceeding R1 000.00 (One Thousand Rand). Such pecuniary penalty shall be paid into the coffers of the THOA. Notwithstanding the above, the THOA may suspend such pecuniary penalty in total or in part, may require the alleged offender to lodge a pecuniary bond or pledge which shall be repayable (without interest) after a period specified by the THOA, which pledge shall be considered to be a âbinding over to keep the peaceâ as practiced in South African Criminal Law. Nothing shall prevent the THOA, should the facts so warrant it, from binding both alleged offender and complainant over to keep the peace.
H. If the THOA decide to impose a pecuniary penalty the fact thereof and the amount of the penalty shall be certified in writing by the THOA and delivered to the alleged offender who shall, subject to the right of appeal hereinafter set out, be obliged to pay to the THOA the amount of the penalty therein prescribed within a period of 28 (twenty eight) days of receipt of such certificate.
I. The THOA shall forthwith inform all members of the THOA in writing of the outcome of the enquiry and the amount of the penalty imposed, if any, but failure so to do shall not invalidate the enquiry, the verdict and the imposition of the penalty or any further legal rights subsequent to his/her.
J. The alleged offender and any other member of the THOA shall have the right to appeal to an extraordinary general meeting of the THOA. Such appeal shall be lodged in writing with the THOA within 21 (twenty one) days of the date of the decision, failing which the right of appeal shall lapse. The notice of appeal shall be signed by the appellant and specify the grounds of appeal. Until expiry of the period of 21 (twenty one) days aforesaid any consequences arising from the verdict and sentence shall be deemed to be suspended.
K. Upon timeous receipt of a duly completed notice of appeal, such consequences shall likewise be suspended until the determination of the appeal and the THOA shall, within 21 (twenty one) days after receipt of the notice of appeal convene an extraordinary general meeting of the THOA for the purpose of hearing the appeal.
L. At the extraordinary general meeting the provisions of C, D, E, F and G shall apply mutatis mutandis. An appeal shall be decided by an ordinary majority of the members present at the extraordinary general meeting who shall have absolute discretion and whose decision shall be binding on the alleged offender and all members of the THOA.
M. On appeal the decision of the THOA may be confirmed, set aside or otherwise varied as the THOA may determine. If the appeal is dismissed any penalty imposed by the THOA shall be paid by the Appellant within 7 (seven) days of the date of such dismissal.
N. No member of the THOA or a Director shall be entitled to adjudicate or vote on any matter in which he was the initial âalleged offenderâ or complainant.
O. Nothing in the Conduct Rules or in this annexure shall be considered as removing the rights of the THOA to remand or adjourn an enquiry, provided that this is in the interest of justice and equity.
P. A written record of the initial enquiry and appeal may be kept by the THOA. Should such written record be kept, it shall be deemed to be correct and accurate transcript of all proceedings.
Q. Any reference in the conduct rules and / or the rules relating to disciplinary proceedings to the directors of the THOA shall include the Disciplinary Committee referred to above.
ANNEXURE âBâ
APPROVED MATERIALS / SPECIFICATIONS
EXTERIOR WALLS
Material: Colour/finish:
PITCHED ROOFS
Material: Colour/finish:Â
Plastered brickwork (smooth/scratched) THOA approved earth tones/ Painted scratch and/or smooth plaster (as per design)
Brownbuilt âKliplok 700â metal sheeting âDark Dolphinâ /ChromadekÂ
FASCIAS
Material: Colour/finish:
FLAT ROOFS
Material: Colour/finish:Â
Fibre Cement/ Chromadek GMS
Matt Charcoal paint/ âDark Dolphinâ chromadek
Torch-on Waterproofed Concrete flat roofs Non-visible: Silver aluminium paint finish Visible: Natural stone pebble layer/ coveringÂ
DOORS & WINDOWS
Material: Colour/finish:
DRIVEWAY PAVING
Material: Colour/finish:Â
Powder-coated Aluminium/ Hardwood timber âDark Umber Greyâ / Mahogany Timber Preservative
âTouch of Stoneâ coloured concrete pavers Edges: Charcoal cobbles 100×100 mm Main paving: sandstone 150 x 250 mmÂ
EXTERIOR HANDRAILS/ BALUSTRADES
Material: Colour/finish:
Prescribed Design:Â
Mild steel
Painted grey to match existing/aluminium powder-coating colour âDark Umber Greyâ
To match existing structures
GUTTERS
Material: Brownbuilt âKliplokâ Fascia Gutters
Colour/finish: âDark Dolphinâ /Chromadek
DOWNPIPES
Materials: 75mm diameter GMS painted downpipes
Colour/finish: âDark Dolphinâ Chromadek or painted to match
STONEWORK (Plinths & Feature walls)
Materials: Natural sandstone âdry packedâ cladding
Colour/finish: To match existing houses/walls
PEDESTRIAN/ VEHICULAR GATES (units)
Materials: Mild Steel/ Hardwood timber (meranti)
Colour/finish: Painted Dark Grey to match powdercoated Aluminium door frames/ Mahogany Timber Preservative
Prescribed Design: To match existing examples
NB: Please contact THOA for more detail on specific paint colour codes/specifications.
ANNEXURE âCâ
ADDITIONAL INFORMATION
GENERATORS
Great caution must be taken when selecting a generator as few machines produce a pure wave of current, resulting in potential surges which may well damage or destroy sensitive electronic equipment such as fridges, microwaves, TVâs, computers and washing machines. If there is any doubt, please consult your Electrician about this issue as it is highly recommended that surge protection and voltage meters be installed to monitor this.
Generators that are âsilentâ i.e. comply with the THOA noise emission rule (clause 17.5), and are compatible with the three-phase supply to each home and that produce at least 5kva output, needed to run an average household are very costly (upwards of R15 000). The THOA wishes to advise that due to all the above risks and considerations, generators should be avoided or used very sparingly within all the above compliances.
INVERTERS
Inverters are devices that convert current stored in batteries for the purpose of household electrical supply and resemble a large computer tower box in appearance. These devices typically contain at least 4 x 12 volt batteries producing 48 volts, which recharge when the main electrical supply reverts.
Inverters can typically run lighting, fridge/freezers and home entertainment systems for up to 8 hours. They are silent, require no external fuel source, produce no fumes and are inherently safe when used correctly. In addition, they are relatively maintenance free for extended periods.
Inverters automatically turn on with the loss of mains electrical supply and are a recommended solution for alternative or back-up power by THOA.
Current from an inverter is produced in the form of a pure sine wave and as such, they are suitable for the use of sensitive electronic equipment and also have built in surge protection.
However, despite the obvious advantages of inverters over generators, there remains some safety hazards associated with these devices:
⢠There are no user maintainable parts within an inverter and owners are strongly discouraged from tampering with a faulty unit instead either the original supplier or a licensed electrician should be contacted.
⢠Do not put water or any conductible materials on any of the parts of your inverter, as this may cause a short circuit and could be fatal.
There are also models on the market that have solar recharge capability. The average cost for the unit and batteries range upwards from about R6 000 depending on capability. Rental options for these units are also available.
SOLAR POWER
This is an excellent source of energy and whilst, via batteries it can power lighting in the home, it is currently really only practical for geysers. It can be retrofitted to existing homes, is cheap once installed and Is now mandatory under latest building regulations for new builds.